Detailed Answer
When probate paperwork filed in Maryland lists the wrong siblings or otherwise contains family-member errors, you can usually correct the record. The exact process depends on whether the error is a clerical mistake (a simple typo or wrong checkbox) or a substantive mistake (a wrong determination of who the heirs are, or who should serve as personal representative). This article explains practical steps, likely filings, who to notify, and what can happen if assets have already been distributed.
1. Figure out what type of error it is
- Clerical or ministerial error: misspelled names, transposed dates, or a sibling listed twice. These frequently can be corrected by the Register of Wills or the clerk without a full court hearing.
- Substantive error: the wrong person is named as an heir, a sibling is listed who is not an heir under Maryland law, or the wrong person received letters of administration. Substantive errors usually require a formal petition to the Orphans’ Court and notice to interested parties.
2. Gather the documents you will need
Collect clear, certified copies when possible:
- Certified death certificate for the decedent
- Birth certificates or other proof of parentage for the siblings involved
- Marriage certificates or name-change documents, if names differ
- Copies of the probate filings as they were submitted (petitions, inventories, letters)
- Affidavits from people with direct knowledge, if helpful
3. Contact the Register of Wills first
In Maryland, probate filings are handled at the county level by the Register of Wills and the Orphans’ Court. If the mistake is clearly clerical, call or visit the Register of Wills where the estate is opened and explain the error. Many clerks can correct obvious transcription errors or enter an amendment to a filed document without a contested hearing. If they cannot make the fix, they will tell you the specific petition you must file in the Orphans’ Court.
General Maryland probate information is available from the Maryland Courts website: https://www.mdcourts.gov/legalhelp/willsprobate.
4. If the Register can’t fix it, file a petition in the Orphans’ Court
For substantive corrections you generally must file a petition with the Orphans’ Court (the probate court) in the county where the estate is pending. Typical petitions include:
- Petition to correct or reform a filed document or to correct the estate record
- Petition to determine heirs or to set aside incorrect determinations of heirship
- If letters of administration were issued to the wrong person, a petition to revoke letters and to appoint the proper personal representative
Your petition should state the error, include supporting proofs (certified documents and affidavits), and request the exact relief (correction, removal, reissue of letters, or other). The court will usually require that all interested persons receive notice and will schedule a hearing if there is any dispute.
5. What to expect at a hearing
At the hearing the judge will review the written record and the evidence you present. If the mistake is factual (for example, a sibling listed who is not a child of the decedent), the court will weigh the documentary evidence and any testimony. If the court finds the original filing was in error, it can order the register to amend the file, revoke or reissue letters, and (if necessary) require repayment or surcharge if property was already improperly paid out.
6. If distributions already happened
If estate property was distributed based on the incorrect paperwork, the court may order those who were wrongly paid to return funds or property to the estate. Remedies include a surcharge against an improperly acting personal representative, an accounting, or a civil recovery action. Speed matters: correct the record quickly to reduce risk that assets will be dissipated or become hard to recover.
7. Deadlines and how fast to act
Act quickly. Although some corrections are straightforward, other issues — such as disputes about heirship or claims against the estate — may be subject to statutory deadlines or procedural requirements for notice. Prompt action reduces the chance that property will be distributed and that claims will become harder to resolve.
8. When to consult an attorney
Consider talking to an attorney if:
- The correction is contested by other family members
- Large assets were distributed incorrectly
- Letters of administration need to be revoked or a personal representative is accused of wrongdoing
- Complex questions of heirship or interpretation of a will are involved
Even when an attorney isn’t required, a short consult can help you draft a proper petition and avoid procedural mistakes that lead to delays.
For the underlying Maryland statutes that govern probate and administration of decedents’ estates, see the Maryland Code, Estates & Trusts (view the code by article): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est. The Maryland Courts website also provides practical local guidance and links to county Registers of Wills and Orphans’ Court contacts: https://www.mdcourts.gov/legalhelp/willsprobate.
Helpful Hints
- Start by getting certified copies of birth, death, and marriage certificates—these are often dispositive for family-relationship disputes.
- Call the county Register of Wills before filing anything. Clerks can often explain whether a simple amendment is enough.
- Prepare a short, clear chronological statement of facts to attach to any petition—judges appreciate clarity and brevity.
- If multiple siblings are involved, try to get written consent from all siblings for the correction; an uncontested correction is faster and cheaper.
- If a personal representative already paid out estate assets incorrectly, ask the court for an accounting and consider asking for a surcharge to recover funds.
- Keep careful records of all communications with the Register of Wills, the personal representative, and other heirs—dates, names, and what was said can matter later.
- If you hire an attorney, choose one experienced in Maryland probate and Orphans’ Court practice—procedures and forms vary by county.
- Act promptly. The longer you wait after a mistaken distribution, the harder recovery becomes and the greater the chance of disputes.
Disclaimer: This article is educational only and does not constitute legal advice. It explains general Maryland probate processes and common corrective steps. Every estate and county procedure can differ. For advice about a specific situation, consult a licensed Maryland attorney or contact the county Register of Wills where the estate is filed.